Celebrity endorsements of financial products must be careful, and financial consumers must treat celebrity endorsements rationally, and effectively guard against financial traps.
On April 22, the Consumer Rights Protection Bureau of the China Banking and Insurance Regulatory Commission issued the second issue of 2021 risk warning, reminding financial consumers to treat celebrity endorsements rationally, to “three look and one prevention”, and to effectively prevent financial traps.
The China Banking and Insurance Regulatory Commission stated that when consumers choose financial products or services, they should not blindly believe in celebrity endorsements, and should treat the products or services of “star endorsements” rationally. We must insist on rational investment and value investment. It is not advisable to pursue “quick money” blindly, and we must abandon the concept of getting rich overnight. Be cautious about financial products that promise higher-than-average returns, and don’t believe in false propaganda such as high returns and risk-free.
In recent years, with frequent P2P thunderstorms, many celebrities who have endorsed P2P products have also become the focus of public opinion. There are also endless debates about whether celebrities should be responsible for the endorsed P2P products and whether they should participate in compensation. The China Banking and Insurance Regulatory Commission emphasized this time that celebrities and other public figures should abide by the “PRC Advertising Law” and other laws and regulations, and must not recommend or certify unused products or unreceived services, and must not know or know that advertising is false Still make recommendations and proofs. Before accepting endorsements, it is necessary to check whether the endorsement agency has legal qualifications, and whether the endorsed products and services are true in content and meet regulatory requirements.
Supervisory breakdown of the five common models of celebrity endorsement financial products
In recent years, with the rapid development of network technology, various Internet platforms and wealth management investment products have emerged one after another. Some institutions have invited celebrities to endorse promotion or platforms. Problems such as excessive publicity, promised high returns, and misleading publicity have seriously damaged financial consumption. The legitimate rights and interests of the person.
The China Banking and Insurance Regulatory Commission stated that currently, celebrities endorse a wide variety of Internet platforms or financial products, and there are roughly five common models:
One is to endorse the P2P platform. In recent years, platforms endorsed by celebrities have exploded, causing participants’ funds to be damaged.
The second is to endorse products suspected of illegal fund-raising. For example, the “Zhongjin Group” fund-raising fraud case has caused more than 10,000 investors to suffer capital losses.
The third is to speak for the Internet financial platform. The network platform is more convenient to operate, but it is also prone to problems such as risk warnings and insufficient insurance notification. Consumers should not ignore risk notifications due to celebrity endorsements.
The fourth is for financial products and platforms. For example, “Pan Asia Nonferrous” once invited a scholar to attend an event, using the aura of celebrities to mislead the public in consumption.
The fifth is to endorse certain types of products or the overall brand of bancassurance institutions. For example, celebrities act as bank credit card promotion ambassadors or publicity ambassadors.
In addition, the China Banking and Insurance Regulatory Commission proposed that some fans have no bottom line to chase stars, and irrational star-chasing behaviors such as raising funds for celebrities have also been used by criminals, causing some fund-raising chaos. Others use the celebrity effect to over-market and induce over-consumption and over-consumption, which may lead to problems such as excessive debt and violent collection.
The China Banking and Insurance Regulatory Commission emphasized that spokespersons and financial product suppliers should perform their responsibilities in compliance with laws and regulations. On the one hand, financial product suppliers should effectively regulate the financial marketing and publicity activities of their institutions and partners. Market operating entities that have not obtained the corresponding financial business qualifications must not carry out marketing and publicity activities related to the financial business; they must not use fraud or attract others. Marketing and promotion of financial products or financial services in a misunderstood manner; no guarantee promises regarding the future effects, returns or related conditions of the asset management products shall be made, and no explicit or implied guaranteed principal, no risk or guaranteed return shall be made.
On the other hand, celebrities and other public figures should abide by the “Advertising Law of the People’s Republic of China” and other laws and regulations, and must not recommend or certify unused products or unreceived services. Make recommendations and proofs. Before accepting endorsements, it is necessary to check whether the endorsement agency has legal qualifications, and whether the endorsed products and services are true in content and meet regulatory requirements.
Don’t blindly believe in celebrity endorsements, and be careful when you “call” young people
In response to the above-mentioned chaos, the China Banking and Insurance Regulatory Commission reminds financial consumers that financial product information is highly asymmetry and professional. If the spokesperson himself does not distinguish the endorsement product qualifications and does not understand the product risks, it may cause misleading publicity risks. Financial consumers should treat celebrity endorsements rationally, not blindly believe in celebrity endorsements, and should rationally treat the products or services of celebrity endorsements, so as to achieve “three look and one prevention” to effectively guard against financial traps.
The so-called “three look and one prevention” mainly include the following four aspects:
The first is to see whether the institution has obtained the corresponding qualifications. The financial industry belongs to the franchise industry, and it is not allowed to operate without a license or to operate financial business beyond the scope.
The China Banking and Insurance Regulatory Commission reminded that consumers should choose formal institutions and formal channels with corresponding financial business qualifications to obtain financial services. You can log on to the website of the financial supervision department and the website of the industry association to inquire about the relevant information of the institution, or verify the qualification of the institution with the local financial supervision unit.
The second is to see whether the product meets its own needs and risk tolerance. When consumers purchase financial products, they must understand important information such as product types, terms, risk levels, notifications and warnings, and choose appropriate financial products based on their own needs and risk tolerance.
“We must insist on rational investment and value investment. It is not advisable to pursue’quick money’ blindly, and we must abandon the concept of getting rich overnight.” The China Banking and Insurance Regulatory Commission emphasized.
The third is to see whether the income is reasonable. Investment and financial management risks and benefits coexist. Consumers should pay attention to whether they disclose risks and benefits truthfully in the face of marketing and promotion to prevent misleading or fraud. Be cautious about financial products that promise higher-than-average returns, and don’t believe in false propaganda such as high returns and risk-free.
The fourth is to prevent excessive borrowing. Look at advertising and publicity such as loan consumption and financial investment rationally, maintain a rational financial concept, and do not blindly follow the trend of consumption, lending and investment.
The China Banking and Insurance Regulatory Commission emphasized that young people, in particular, should be sensible in responding to fan support, borrowing and chasing stars, and beware of financial traps such as illegal fund-raising.
Do a good job in dealing with P2P stock risks in three aspects
In recent years, with frequent P2P thunderstorms, many celebrities who used to endorse P2P products have also become the focus of public opinion. Stars such as Lang Lang, Tang Yan, Wang Han, Du Haitao have “stepped on thunder” as P2P endorsements. There are also endless debates about whether celebrities should be responsible for the P2P products they endorse and whether they should participate in compensation.
According to previous reports from many media, attorney Song Yixin, a partner of Shanghai Hanlian Law Firm, stated on “Tencent News Related Topics” that from the level of legal liability, there are two aspects.
First, if there is fraud in the products (including financial products) and services (including financial services) purchased or consumed by the victim, the victim should undoubtedly be held accountable from three aspects: criminal sanctions, administrative supervision, and civil claims. If there is no fraud in itself , According to the principle of de-rigid redemption, the company can only liquidate the company’s existing assets or even go bankrupt.
Second, if the relevant product has celebrity endorsements, according to the Advertising Law and other laws and regulations, check whether there are any false advertising and publicity, and there are endless and reasonable inspection obligations (as far as the scope of its ability is concerned, such as whether the agency product is legal Approved products, etc.), if not, the celebrity will not bear the responsibility after endorsement. If there is, it depends on the degree of infringement of the false advertisement and decides whether it should bear the responsibility for withdrawing the endorsement fee.
In January this year, the Beijing Chaoyang District Financial Dispute Mediation Center issued an announcement stating that some online lending institutions have hired well-known entertainers and public figures as advertising spokespersons for illegitimate gains, and used their influence to attract investors to buy illegal financial products. The above-mentioned advertising spokesperson failed to fulfill reasonable inspection obligations, made false propaganda, was at fault for the occurrence and expansion of the damage results, and bears inescapable responsibility.
The announcement emphasizes that from now on, please contact the natural person, legal person, or other organization (ie, advertising spokesperson) who has or is still in the P2P online loan advertisements and recommends or certifies related products and services in your own name or image. The center explained related issues and cooperated with the clearing of online loan platforms.
The relevant person in charge of the China Banking and Insurance Regulatory Commission recently stated at a press conference of the first quarter of 2021 that the P2P institutions in operation have been cleared, which means that P2P institutions have stopped developing new online lending businesses, and the existing risks have been reduced in an orderly manner. The follow-up is mainly to do a good job in the disposal of existing risks. The next step will be to work hard in several aspects:
The first is to increase the efforts to resolve the risks of normal exits from institutions. First, strengthen monitoring to prevent existing institutions from violating regulations. Secondly, innovate working methods, increase the intensity of asset disposal, comprehensively use a variety of methods to increase the repayment rate of lenders, and in particular, consolidate the main responsibilities of major online lending platforms. At the same time, we are accelerating the promotion of more online lending institutions to access the credit investigation system, intensifying punishment for dishonesty, and severely cracking down on malicious evasion of debt.
The second is to speed up the asset disposal of criminal case filing agencies in accordance with the law, coordinate the public security, judicial and other departments to increase the overall planning for the recovery and disposal of the assets involved in the case, improve the efficiency of case investigation and trial, achieve smooth case handling, and actively respond to the concerns of lenders.
The third is to focus on improving the long-term mechanism of online loan risk supervision. On the one hand, we will strengthen the monitoring of exiting institutions in stock, and at the same time prevent the emergence of P2P-like institutions. On the other hand, at the legislative level, relevant departments are promoting relevant legislation, such as the “Regulations on the Supervision and Management of Non-deposit Lending Organizations” as soon as possible. , Regulations will be promulgated as soon as possible, and continue to improve the long-term supervision mechanism in terms of system construction.
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